The following Planning practice note Produced in partnership with Heather Sargent of Landmark Chambers provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Brexit and EIA/AA below, Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.
Where EU law requires an environmental impact assessment (EIA) of a proposed development project to be undertaken, that assessment will often consider the potential effects of the proposed development project upon protected habitats and species. However, the Habitats Directive imposes a separate legislative regime which is particularly concerned to avoid adverse effects on protected habitats and species. This Practice Note explores the way in which the EIA and the habitats legislative schemes interact and the differences between the relevant provisions.
See also Practice Notes:
Environmental impact assessments—key points
Environmental impact assessment—screening and scoping
Preparing an environmental statement
Procedure for submitting and determining an environmental statement
Directive 2014/52/EU on environmental impact assessment
Appropriate assessment under the Habitats Directive
Implementation of the Habitats Directive in England and Wales
Derogations under the Habitats Directive
Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
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This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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